The Institution of Woman-to-Woman Marriage in Kenya: Navigating between Culture and Human Rights

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

The Institution of Woman-to-Woman Marriage in Kenya: Navigating between Culture and Human Rights

Authors Hon. Dr. Nancy Baraza

ISSN: 2521-2613
Affiliations: Chairperson of the Department of Public Law, School of Law, University of Nairobi
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 71 – 91

Abstract

This article examines the woman-to-woman marriage institution in Kenya, and its benefits to the women involved and the society at large, vis-à-vis the human rights of women as guaranteed under international law and the Constitution of Kenya. The article argues that woman-to-woman marriage offers practical benefits to women and the larger society, although there is a need to ensure that the practice does not violate the rights of the women involved. The article notes that the institution is entrenched and the failure to promote it would be challenging and problematic. Instead, there is a need to ensure that constitutional protection of the practice and protection of the human rights of women are balanced.

The Influence of Intergovernmental and Multinational Initiatives on the Preservation of Mine-host Communities’ Culture: A Reflection on Selected Initiatives

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

The Influence of Intergovernmental and Multinational Initiatives on the Preservation of Mine-host Communities’ Culture: A Reflection on Selected Initiatives

Authors Ombella JS

ISSN: 2521-2613
Affiliations: Lecturer at the Faculty of Law, Mzumbe University; Advocate of the High Court
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 47 – 70

Abstract

The right to enjoy and participate in cultural life is one of the fundamental human rights recognised at international, regional and sub-regional levels. States are required to respect, protect and fulfil this right, and provide remedies in cases where it is infringed. To achieve this obligation, necessary measures such as legislative measures have to be in place. Such measures are aimed at preserving indigenous peoples’ cultures from potential threats caused by large-scale development projects such as mining, owing to the principle of permanent sovereignty over natural resources. Under this principle, states enjoy the right to regulate access to and use of natural resources within their borders. Consequently, mining activities which threaten the continued cultural practices and lifestyles of communities within the vicinity of the mining project could be dealt with under such laws. Notably, most developing countries’ legal frameworks do not fully guarantee human rights nor do they effectively regulate mining to avoid violations of these rights. In this paper it is argued that multinational companies and intergovernmental initiatives, despite being voluntary in nature, seem to be the gap-filler to ensure that mine-host communities’ cultural lives are not impacted by the presence of mining projects in countries whose legal framework is below the internationally recognised standard for human rights.

International Criminal Tribunal for Rwanda in the Spotlight: Analysing the Limitations, Shortcomings and Legacy

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

International Criminal Tribunal for Rwanda in the Spotlight: Analysing the Limitations, Shortcomings and Legacy

Authors Daniel Lubowa

ISSN: 2521-2613
Affiliations: Lecturer in International Law at St Augustine University of Tanzania and a PhD in Law Candidate at the Open University of Tanzania, Dar es Salaam, Tanzania
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 32 – 46

Abstract

Following the assassination of Hutu Rwandese President Juvenal Habyarimana on 6 April 1994, the Great Lakes country of Rwanda descended into civil war and genocide. Hutu extremists in the National Republican Movement for Development and Democracy (MRND) and the Rwandan Armed forces (RAF) launched an extermination campaign against moderate Hutu and the entire Tutsi ethnic minority. By the time the civil war and genocide ended on 19 July 1994, more than 800 000 Rwandans had been murdered. In an effort to punish those responsible for the genocide, the United Nations established the International Criminal Tribunal for Rwanda (ICTR) for the sole purpose of prosecuting persons responsible for the genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and other such violations committed in neighbouring states between 1 January 1994 and 31 December 1994. Four years after the massacres took place, Jean-Paul Akayesu, a formal mayor, was convicted on nine counts of genocide and crimes against humanity. Dozens more were to follow – among them the former Rwandan Prime Minister Jean Kambanda, who became the first head of a government ever to be convicted of genocide by an international court. By the time of the Tribunal’s formal closure in December 2015, it had delivered 45 judgments, 93 indictments, 61 convictions, 14 acquittals and heard more than 3 000 witness accounts. The ICTR became the first international court to pass a judgment on genocide. This article focuses on the Tribunal’s work, analysing the limitations during the course of its operations and the legacy it has left behind. The article suggests that the legacy of the ICTR lay in the way it dealt with the challenges it faced while still operational. The prospects of the ICTR during its operations certainly lay in the effective redress of these challenges, while on the other hand, the future of mankind lies in a strong and effective international legal system.

Human Rights Aspects Concerning the Construction of the Crocodile Jaw Dam in Isiolo County, Kenya

by | Sep 21, 2019 | ANUL, ANUL 2018 I2

Human Rights Aspects Concerning the Construction of the Crocodile Jaw Dam in Isiolo County, Kenya

Authors Simeon P Sungi

ISSN: 2521-2613
Affiliations: Associate Professor and Chair, Department of Sociology and Criminal Justice at the United States International University-Africa, Nairobi, Kenya. The author is also an Advocate of the High Court of Tanzania and the High Court of Kenya.
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 16 – 31

Abstract

This article discusses human rights and constitutional issues relating to the proposed construction of the ‘Crocodile Jaw’ dam in Isiolo County, in Kenya. Through collected primary data, the article critically examines the relevant constitutional and legal foundations as they relate to developmental projects in Kenya and those relating to environmental concerns and/or of the local population, together with international instruments relating to human rights and environmental protection. Furthermore, the article discusses the role of the judiciary in providing remedies to address any social, legal and environmental issues relating to the construction of the dam.

A Legal Perspective on Performance Management Systems and Employee Dismissal in the Nigerian Oil and Gas Industry

by | Sep 20, 2019 | ANUL, ANUL 2018 I2

A Legal Perspective on Performance Management Systems and Employee Dismissal in the Nigerian Oil and Gas Industry

Authors Olaitan O Olusegun, AA Idowu

ISSN: 2521-2613
Affiliations: Lecturer in the Department of Public and International Law, Afe Babalola University, Ado-Ekiti, Nigeria; Professor of Law, Department of Public Law, Obafemi Awolowo University, IleIfe, Osun State, Nigeria
Source: Africa Nazarene University Law Journal, 2018, Issue 2, p. 1 – 15

Abstract

The oil and gas industry is an important sector in Nigeria’s economy as it accounts for a great percentage of government revenue and export earnings. Important determinants of the success of the oil and gas industry are the administration and organisation skills necessary for staff to be effective in the industry. Performance management helps in the achievement of goals and targets and productivity in the oil and gas industry. This paper examines the contents and importance of the oil and gas industry in Nigeria, the concept of a performance management system, its relevance to the industry and some challenges to proper administration. It also discusses the purpose, intention and determinants of performance management in the oil and gas industry. These aspects are examined with a view to identifying the relevance and efficacy of some legal and institutional frameworks for a performance management system as well as appraising certain legal conditions to be fulfilled by authorities vested with the power of punishing or dismissing an employee for contravening ethics, rules and regulations designed for a workable performance management system in the Nigerian oil and gas industry.